>> abc7 news starts right now with live breaking news. >> breaking news in oakland, a terrifying morning for a pre-school community, gunshots fired outside a facility with bullets piercing car windshields and a victim rushed to the hospital. >> children were in the building when the gunfire erupted two hours ago. the school is located at 92nd avenue and international boulevard where abc7 news reporter joins us live. nick? >> kristen, cheryl, we are working to find out information about the victim whether was transported to children's hospital. oakland police have spent their morning collecting shell casings like this that are still on the ground from a shooting that

occurred this morning. there are bullets at each of the cars i am about to show you and here. a call came in before 9:00 a.m. about shots fired at 9 2nd and international avenue, look at this car. we understand that bullets went through the car and some went close to the building. now, this is the head start program here in oak, this program is designed to help low-income families, comprehensive child development program and aims to foster social skills and school readiness for children. what we know is that police say that nick, someone was hit. we don't know the extent of their injuries. they were taken to children's hopsital. again, back here live, it was a scary moment for those who attend this program because they heard the shots she came out and saw the bullets in the car. again, we know that someone was transported to children's hospital in oakland and we don't know the extent of the injuries.

we are city working to gather information. we are live at the intersection of 92 end and international boulevard. >> now to developing news in berkeley a firefighter is okay after being shot early this morning while responding to a medical call. police took an 88-year-old man into custody. cornell sorts out what happened. cornell? >> the crew from berkeley fire department station one is off duty this morning. they were sent home after the shooting incident this morning which left them traumaized but not wounded because of a small piece of equipment which may have been a life saver. >> often when you are going to someone's home you don't know what you will face. berkeley's deputy chief says the firefighters from the station never expected to be confronted by a man with a gun. when they responded to this home the elderly man living here activated the medic alert device

and firefighters showed up. >> they notified us shots were being fired inside the home and they were able to get outside but, unfortunately, a firefighter was injured during the incident. >> the injuries were minor because of a fire department pager like this one which absorbed the bullet. >> the device was destroyed but the firefighter did not suffer a bullet injury. >> thanks to this little piece of equipment. >> the armed suspect is 88 years old. he was arrested and taken to the hospital for an evaluation. >> sheehan old -- he is an old man. >> the man was quiet and reexclusive. >> he was also nice and quiet and did not seem aggressive. >> the only time i saw him he would be at the corner and totter to the corner and totter back.

>> the police are investigating the case. it is not clear if he will face criminal charges. live at berkeley for abc7 news. >> happening now, the family of a saratoga girl who committed suicide after boys assaulted her at a party are speaking publicly for the first time. audrie potts parents are holding a news conference in san jose. amy hollyfield is live at the hotel. >> it just got started. look at this live picture of what is happening behind me. the family's attorney is speaking first and introduced a family, her mother and father are here, and they have huge pictures of her along with a banner signed by her classmates of saratoga high school. the 15-year-old killed herself in september after being sexually assaulted and her family says pictures of the assault were posted online and they say she was so humiliated

that she committed suicide. an article came out in the saratoga high school newspaper with students saying the pictures were not widely distributed as has been reported and they does not go viral and maybe only about ten students saw them. we asked her family attorney about the article this morning. to know what she was thinking she said the whole school knew about it so, whether ten kids actually saw the photograph, how many were talking about it, and how wide-spread were the rumors? the rumors and the taught that made her so devastated. the only thing we can count on is what she was talking about, the whole school knew and she was mortified. >> hes is the family will be suing the three boys accused of assaulting audrie pott and will link her death to the actions of those three boys. right now, he says the boys face criminal charges for sexual assault and battery and they are

instead. they are not charged in her death. he says, in part, that is why they are filing this civil case. again, her parents will be speaking out for the first time in just a few minutes. our abc7 news reporter is inside and will bring you more online and the evening newscast but i want to tell you i just heard the attorney generation that tomorrow the family will be attending a hearing to determine whether the boys should be released from custody. >> thank you. authorities are looking for a man who hit a san jose police officer with a car while trying to steal it. the officers were directing traffic after a concert at the h.p. pavilion at 11:30. investigators believe the suspect was speeding away after attempting to steal another vehicle in the parking lot. that vehicle is described as a four-door dark colored acura and the officer is expected to survive the injuries. major construction to connect bart to south bay is underway in

san jose. right new, near 680 is partly closed. crews are digging for new tracks work on the $2.3 billion project will continue each weekday teen 7:00 a.m. and 7:00 p.m. for at least several months. once complete in 20189, it will run from south fremont. >> the results of a federal investigation into the chevron refinery fire are released right now. the chemical safety board is presenting the findings from the interim report as well as safety recommendations at a news conference. that presentation will be at a public meeting in richmond on friday. chevron presented its own report last week. the oil company is admitted it failed to properly inspect the pipes that ultimately caused the fire and plumes of toxic smoke that sent hundreds to local hospitals. >> new report on the deadly

pipeline explosion shows that engineers warned pg&e about safety concerns years before the blast. pg&e dramatically slashed spending for inspections of pipeline maintenance three years before the 2010 explosion. reports have company engineers warning executives they were possibly endangering the public and risking state fines. lawyers say the budget decisions by executives did not amount to wrongdoing. >> the push to ban plastic bags throughout all of california take as big step forward today. state senator. padilla will introduce a bill do phase out the use of single use plastic bags by 2015. more than 70 cities and counties in california ban the bags. a bill similar to his is making its way through the state assembly. two previous attempts at a state-wide ban have been stopped by lawmakers.

>> still to come, an event prompting a rare occurrence by north korea's leader and the new threat he is making. >> calming the fears about bird flu af

[ man ] we have a go for auto sequence start. t-minus 5, 4, 3, 2, 1... ignition. [ male announcer ] launch your internet experience on at&t's newly expanded advanced digital network and connect more wi-fi-enabled devices at home. [ female announcer ] call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] and get more speed for wi-fi gaming, more reliability than ever and more connectivity between devices. [ female announcer ] so call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price

for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] u-verse high speed internet. [ man ] where all systems are go. ♪ you happening now in north korea there is growing international pressure and concern over the country's nuclear threat. but in pyongyang, the capital, there is a party going on. abc7 news reporter kira klapper joins to us explain.

>> dead is the start of a three day national holiday marking the birthday of the first leader of north korea. while they celebrate, south korea and the united states are on high alert because the north threatened a missile launch and refusing peace talks. >> the people of north korea are paying their respects to their late founder on what would have been his 101st birthday. this is the day when their own calendar begins a new year's day. women are dressed if traditional costumes and children get bags filled with candy. gifts from new supreme leader, kim jong-un. but the rest of the world is only getting continued hostility from kim jong-un. in tokyo, secretary of state john kerry tried to ease the tension saying that direct talks with the north could begin if pyongyang canceled the test of a mobile ballistic missile something that could happen in the coming days. >> they indicate their commit ment to move to the area and they stop where they are now

with respect to the testing and this provocative series of nuclearizing efforts, then hopefully we can get into a serious negotiation. >> the north is refusing talks something the house calls regrettable and pyongyang insists the nuclear weapons arrest necessary deterrent because of the threat posed to it by the united states and our allies. secretary of state john kerry met with chinese leaders during his asia trip trying to convince them to pressure kim jong-un to stop the launch. >> it would be irresponsible of the president when you have something bragging they have the ability to hit hawaii or to hit guam not to take steps to defend american territory and american interests. >> for the korea hinted they would launch the musudan missile by today but experts say that delay doesn't mean the threat is over. kristen? >> thank you. now to new concerns this morning that a deadly outbreak of bird flu will spread outside china.

the debt toll there is now at 13 and more than 60 are sick and health officials are wanting this outbreak is still far from contained. abc7 news chief medical editor is in china and says the big concern is that the virus is spreading silently and could be just one plane ride away to coming to the united states. the virus goes from birds to humans. if it mutated and went person-to-person all bets are off and a plane ride would be dangerous. the united states is taking it very seriously and they have begun work on a vaccine just in case it comes to our shores and they have developed a diagnostic test in case someone who goes do china becomes ill. >> the doctor says the china government has also invited a team of international experts to provide some guidance. >> this is not a repeat of last monday, not 75 miles per hour winned gusts like last week but

it is choppy and did it rain last night? we had .08 in pleasant town and i will tell you how fast they will get and how cool it will be before the big warming trend this weekend. the graffiti problem that has closed part of a national park in california, a social media, is it to blame and how major league baseball isoning the lake jackie robinson and the record-setting debut for a new movie

ron: years ago i made a promise to provide the best for my family, in sickness and in health. carol and i needed help figuring out what's covered by medicare and what's not. so we turned to the same folks we've relied on for health insurance all these years. announcer: ron and carol called anthem blue cross and found an affordable medicare supplement insurance plan that pays for many of the costs that original medicare won't. now they have the confidence to keep making memories for years to come. choose from options like plans with deductibles as low as $0 and $0 for coinsurance. plus get protection from high out of pocket costs. get the freedom to keep your own doctors that you know and trust. and even get stand alone prescription drug plans for brand name and generic prescription drugs at more than 54,000 pharmacies across the country. if you're eligible for medicare or will be soon we'll help you find a plan that fits your needs. call or go online now to get answers.

>> covering fremont, palo alto, north bay, and all the bay area, this is abc7 news. >> happening now, part of california's national park in southern california is closed until the end of the month due to rampant graffiti attacks. park officials believe that social media is fueling this vandalism where people posting pictures of their work on the web. vandals were caught, face a fine and up to six months behind bars. more than 300 acres of the canyon are closed until may just a fraction of the park which is 800,000 acres. >> festists held in -- festivities held in oakland in honor of jackie robinson making the debut 66 years ago breaking the color barrier.

every big league player wears his number in their honor. the number was retired across the major leagues in 1997. this year's jackie robinson day comes after the film about him earning an estimated $27 million at the box office, the highest grossing debate, ever, for a baseball movie. >> amazing. and the teams that don't play today like the giants will wear "42" tomorrow the. >> absolutely, and 1997 they retired the number, but, still only one player left still has that number and he is retiring this year. >> if you are going to the oakland a's game, how will it be? >> windy? >> and cold. >> one of the colder ones like an october game rather than early or mid-april. >> here is live doppler 7 hd and the rain fell overnight and it is going. the winds of change have brought dry air but they have brought the threat of gusty winds all that area you see in tan is

where we have the wind advisory from 11:00, so it just started until 9:00 this evening and it is for the north bay mountains, the coastal section of the bay area and, also, the bayshore line, it does not include the north bay valley or the each bay valley. what you can specific, gusts up to 45 miles per hour over the ocean and near our beaches, and 20 to 30 sustained winds about everywhere else, so it will be a breezy day but not like last monday, i don't expect much damage, we took care all the weak trees and limbs last week with the bigger gusts. winds have picked up, since this morning, and we are around 20 in novato, teen 20 and 25 gusts in santa rosa and sfo, and san carlos, and no delays at sfo. our inland valleys and santa clara valley waiting to get the winds and they are coming, give it a couple of hours. the warm spot is fairfield and the rest of us in the mid-to-upper 50's but fremont is 52 degrees.

here is the other big story for today, the gusty wins but the cooler conditions, with temperatures about two to eight degrees cooler than this time yesterday, clear and chilly and upper 30's and warmer-than-average for the coming weekend, a beautiful picture from mount tamalpais and the air is clean, but cooler, from nine degrees in redwood city to about six degrees cooler in oakland today. and, a last thing, look at the high pollen count, especially weed. very high in tree running high. a cold front came through while we were sleeping with high pressure behind it and -- clockm alaska today. and throw mid-60's in the south bay and santa clara and slow and milpitas at 62, upper 60's to low 60's on the wednesday that with mid-50's along the coast to upper 50's headed to downtown and south san francisco, and low do mid-60's through the north bay valley and upper 50's to low 60's along the east bay shore, and breezy with winds not so

fast in the east bay valley and speaking of the game, astros in town to take on the a's at 7:05 and we down in the mid-50's, falling to about 48 degrees. there will be a breeze. dress appropriately. tonight, upper 30's in the north bay valley and the rest of us in the low-to-mid 40's. tomorrow, some sunny and warmer conditions with temperatures jumping about two to four degrees and we will do that through thursday. mid-70's near 80 away from the coast on thursday, and temperatures will stay above average away from the coast for friday, saturday, and sunday. abc7 news has another great weather reinforce for you, follow live doppler 7 hd on getter for the latest bay area conditions and "spare the air" alert and power outage information and weather tweets from your favorite team. >> april 15 which means the taxes are due by midnight tonight, advisors say if you cannot get the paper work together, file for an extension but if you owe money, you still

have to send the i.r.s. a check by the deadline. a hand will of bay area post offices stay open late to accommodate last 90 filers and the main branch is only until midnight with windows and curb side locations. >> the knew exploritorium on san francisco's embarcardero opens to the public on wednesday. it is full of gadgets guaranteed to wow and amaze. abc7 news is the official d partner of the exploritorium and i had a chance to look at that on friday. it is awesome, it is three times as big as the palace of fine art with plenty of new exhibits to enjoy and old classics. >> a lot of opportunities for us to try things on a larger scare. >> you were cramped in the other place? >> we out grew that place 10 years ago. science is everywhere, in our mind. in our backyard. >> the move to embarcardero

costs $300 million but city officials say it is well worth it do bring such a jewel to the public. >> just ahead, have you ever been chased by a he was. scary. she was scared but ask this gorilla. we will show you

copd makes it hard to breathe... but wiwith advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announcer ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair.

ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free and save on refills at advaircopd.com. introducing chase liquid. card hassles? the reloadable card that's easy to activate and can be used right away. plus, you can load cash or checks at any chase depositfriendly atm and checks right from your smartphone. get rid of prepaid problems. get chase liquid. >> coming up at 3:00, escaping a religion. you will meet women would left their religious groups. on abc7 news at 4 well take you

to sacramento to show you a group opposed to building a new marina in san francisco are opposed to the new building and the parents of a saratoga high school student who attempted suicide after an alleged sexual assault. >> gorilla and a goods have a stare down and the goos is closer and the gorilla runs away in fear, and this was captured by the zookeepers in kansas. they booted the original inhabitant? thanks for joining

[ female announcer ] this is a special message from at&t. [ male announcer ] it's no secret that the price of things just keeps going up. [ female announcer ] but we have some good news. it's our bundle price promise. [ male announcer ] a price you can definitely count on for two whole years. from at&t. call now for a new low price. u-verse triple play bundles start at $79 a month. get the same great price for two years. [ female announcer ] plus now get two times the internet speed than before. [ male announcer ] you get reliable high-speed internet on our advanced digital network. choose from several high-speed options. [ female announcer ] and with u-verse tv, you can record four shows at once on your total home dvr and play them back in any room. [ male announcer ] so call now.

u-verse triple play bundles start at $79 a month. now get the same great price for two years. [ female announcer ] switch today and get a $150 promotion card, plus a total home dvr included for life. [ male announcer ] it's a triple-play bundle that's hard to beat -- same great price, two whole yes, price promise. [ female announcer ] that has a nice ring to it. [ male announcer ] only from at&t. ♪